NATHU RAM Vs. MTCHAND KUAR

JUDGEMENT

(1.) This appeal arises out of a suit brought by the widow of a deceased man against the defendant, a zamindar who caused his death by shooting him. The suit is for damages under the Fatal Accidents Act (13 of 1855). The zamindar was convicted of an offence under Section 304 and sentenced to imprisonment and to a fine of Rs. 1000. The fine was realised and was paid over to the present plaintiff. Not being satisfied with the amount she has brought this suit and has obtained a decree for the further sum of Rs. 1500. The defendant appeals. The respondent is not represented. The lower Court awarded the further sum of Rs. 1500, taking into consideration the fact that Rs. 1000 had already been awarded.

(2.) The first question that arises in this appeal is whether the Rs. 1000 fine paid over to the plaintiff should be taken into account in the present suit. No authority, one way or the other, has been cited but the Act empowers the civil Court to give such damages as it may think proportionate to the loss resulting from such death to the party for whom and for whose benefit the action shall be brought. These words appear to me to require that the fine already realised should be taken into account. The death of the husband was the cause of the fine being realised and given to the plaintiff. Any damages given to the plaintiff by reason of loss must take into account any pecuniary advantage obtained by the plaintiff by reason of the death.

(3.) The remaining question is whether the lower Court has over-estimated the damages. It is clear and settled by authority that no sentimental considerations are relevant. The plaintiff cannot get higher damages even if her husband was brutally murdered by the defendant than if the death of her husband had been due merely to an error of judgment, such as may, on the part of the driver of a vehicle, cause the death of a person.